Customer Support

SAMBO & ANOR
V.
NDATSE & ORS

(2013) JELR 39654 (CA)

Court of Appeal 16 Jan 2013 Nigeria
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:CA/J/260C/2010
Judges:SOTONYE DENTON-WEST Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria ABUBAKAR ALKALI ABBA Justice of The Court of Appeal of Nigeria
Counsel:Adole Sunday holding the brief of W.Y. Mamman. For Appellant R. J. Katausai For Respondent

SOTONYE DENTON-WEST, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice Emmanuel A. Garba of Taraba State High Court delivered on 15th September, 2009.

The Appellants who were the complainants brought an application for leave to prefer a charge against the Respondents who were the accused persons at the trial court. The leave was granted. Thereafter the Respondents filed a motion on Notice seeking the following orders.

1. An order of the court setting aside its order of 12th November, 2008 which granted leave to the Appellants to prefer charges against the Respondents.

2. Further order quashing all the nine counts on the charge sheet.

3. An order striking out the entire case of the Appellants for being incompetent.

The trial lower court granted the prayers as contained in the motion and struck out the case. Hence this appeal and cross appeal by the Appellants and Respondents respectively.

The Appellants in their joint brief of argument dated 1…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.